was the holocaust considered a war crime before the 1949 genava convention?

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aurelien wolff
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was the holocaust considered a war crime before the 1949 genava convention?

Post by aurelien wolff » 09 Apr 2019 19:03

Hello,

I want to know because it's seem that the definition of "war crime" changed and also because I'm just curious about that.

Thanks for your answer

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Re: was the holocaust considered a war crime before the 1949 genava convention?

Post by David Thompson » 09 Apr 2019 22:38

aurelien wolff -- You asked, in the topic title:
was the holocaust considered a war crime before the 1949 genava convention?
The term "holocaust" is a metaphor which people use to describe an assortment of war crimes, not just one, committed during WWII. "The holocaust" isn't a legal term, and isn't its own separate and distinct war crime. The 1949 Geneva conventions didn't change that, either.

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Re: was the holocaust considered a war crime before the 1949 genava convention?

Post by aurelien wolff » 10 Apr 2019 08:17

David Thompson wrote:
09 Apr 2019 22:38
aurelien wolff -- You asked, in the topic title:
was the holocaust considered a war crime before the 1949 genava convention?
The term "holocaust" is a metaphor which people use to describe an assortment of war crimes, not just one, committed during WWII. "The holocaust" isn't a legal term, and isn't its own separate and distinct war crime. The 1949 Geneva conventions didn't change that, either.
thanks,what about the shoah? Was it considered a war crime before?

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Sergey Romanov
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Re: was the holocaust considered a war crime before the 1949 genava convention?

Post by Sergey Romanov » 10 Apr 2019 17:46

aurelien wolff wrote:
10 Apr 2019 08:17
David Thompson wrote:
09 Apr 2019 22:38
aurelien wolff -- You asked, in the topic title:
was the holocaust considered a war crime before the 1949 genava convention?
The term "holocaust" is a metaphor which people use to describe an assortment of war crimes, not just one, committed during WWII. "The holocaust" isn't a legal term, and isn't its own separate and distinct war crime. The 1949 Geneva conventions didn't change that, either.
thanks,what about the shoah? Was it considered a war crime before?
The Shoah is synonymous to the Holocaust so the question is answered above.

Note that genocide can include war crimes but is not limited to them (and can exclude them if it doesn't happen under military circumstances).

Arguably most of the Holocaust did not constitute a war crime (as opposed to genocide/crime against humanity).

It's up to you to say why the parts of the Holocaust that constitute war crimes now wouldn't have constituted war crimes before the WWII.

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Re: was the holocaust considered a war crime before the 1949 genava convention?

Post by reedwh52 » 12 Apr 2019 18:02

While we often discuss war crimes and activities in terms of the Geneva convention, we must remember that it does not stand on its own. The definition of war crimes was established by other treaties. These treaties, Hague Convention of 1907 & Geneva Convention of 1929, provided the legal basis for the war crimes committed in occupied territories.

It should be noted that war crimes decided at Nuremberg did not include s stated in Judgement : The Law Relating to War Crimes and Crimes Against Humanity http://avalon.law.yale.edu/imt/judlawre.asp

"... With respect to war crimes, however, as has already been pointed out, the crimes defined by Article 6, section (b), of the Charter were already recognised as war crimes under international law. They were covered by Articles 46, 50, 52, and 56 of the Hague Convention of 1907, and Articles 2, 3, 4, 46 and 51 of the Geneva Convention of 1929. That violations of these provisions constituted crimes for which the guilty individuals were punishable is too well settled to admit of argument."

It should be noted that war crimes decided at Nuremberg did not include crimes against citizens of the German state committed before the onset of war. The Court held that it had no jurisdiction over crimes committed in Germany prior to the outbreak of war.

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wm
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Re: was the holocaust considered a war crime before the 1949 genava convention?

Post by wm » 25 Apr 2019 19:09

The Holocaust was a war crime since 1899, i.e. the year the Hague Convention of 1899 was signed.
Killing innocent people in occupied territories was absolutely against the letter and the spirit of its section III - On Military Authority over Hostile Territory.

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Re: was the holocaust considered a war crime before the 1949 genava convention?

Post by Felix C » 23 May 2019 22:37

Were there any prosecutions for the Armenian Genocide? I see trials were held. Appears no one convicted except those in exile.

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Re: was the holocaust considered a war crime before the 1949 genava convention?

Post by aurelien wolff » 31 May 2019 12:31

that guy who said that the hollocaust was legal... https://www.reddit.com/r/TooAfraidToAsk ... ing_a_war/

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wm
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Re: was the holocaust considered a war crime before the 1949 genava convention?

Post by wm » 12 Jul 2019 00:45

Felix C wrote:
23 May 2019 22:37
Were there any prosecutions for the Armenian Genocide? I see trials were held. Appears no one convicted except those in exile.
You could only commit war crimes during war and against your enemy.
The Armenian Genocide was a civil war, the Hague Conventions didn't cover that. And there was no victor to initiate prosecution.

Because it was basically victor's justice - if you won and had the means you could prosecute, otherwise nothing was going to happen.

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